Session of 2023
SENATE BILL No. 282
By Committee on Federal and State Affairs
3-1
AN ACT concerning the department of health and environment; relating to
licensure of child care facilities; day care homes and child care centers;
establishing license capacity and staff-to-child ratios; lowering license
fees and training requirements; required age of child care center staff;
creating a process for day care facility licensees to apply for temporary
waiver of certain statutory requirements; authorizing the secretary to
develop and operate pilot programs to increase day care facility
availability and capacity; amending K.S.A. 65-503, 65-505, 65-508 and
65-512 and K.S.A. 2022 Supp. 48-3406 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Child care center staff shall meet the training
requirements for the license capacity of the child care center as set forth in
this section.
(b) A program director shall be 18 years of age or older and shall
meet the training requirements for the license capacity of the child care
center, as determined by the secretary, but such requirements shall not
require more teaching experience or college credit than provided in this
section. A child care center shall have a program director on the premises
with training requirements that meet one of the following options:
(1) If a child care center has fewer than 13 children enrolled:
(A) Three months' teaching experience in a licensed day care facility;
(B) five sessions of observation for at least 2.5 consecutive hours per
observation in a licensed day care facility and 10 clock hours of
workshops approved by the state licensing staff;
(C) earned at least three semester hours of academic credit from a
postsecondary educational institution or equivalent training in childhood
development, early childhood education or curriculum resources and
supervised observation in high school or college and three months'
experience caring for children in a licensed day care facility; or
(D) a child development associate credential.
(2) If a child care center has at least 13 but not more than 24 children
enrolled:
(A) Five sessions of observation for at least 2.5 consecutive hours per
observation in a licensed day care facility and six months' teaching
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experience or supervised practicum in a licensed day care facility;
(B) (i) seven to nine semester hours of academic credit from a
postsecondary educational institution or equivalent training in childhood
development, early childhood education or curriculum resources; and
(ii) three months' teaching experience in a licensed child care facility
or one year of supervised practicum in a licensed day care facility; or
(C) a child development associate credential.
(3) If a child care center has more than 24 children:
(A) Seven to nine semester hours of academic credit from a
postsecondary educational institution or equivalent training in child
development, early childhood education, curriculum resources, nutrition,
child guidance, parent education, supervised practicum or administration
of early childhood programs and six months' teaching experience in a
licensed day care facility;
(B) (i) A child development associate credential, an associate of arts
degree or a two-year certificate in child development; and
(ii) nine months' teaching experience or supervised practicum in a
licensed day care facility;
(C) a bachelor of arts or a bachelor of science degree in child
development or early childhood education, including a supervised
practicum, and three months' teaching experience in a licensed day care
facility; or
(D) a bachelor of arts or a bachelor of science degree in a related
academic discipline and 12 hours of academic study or equivalent training
in child development, early childhood education, curriculum resources,
nutrition, child guidance, parent education, supervised practicum, or
administration of early childhood programs, and six months' teaching
experience in a licensed day care facility.
(c) (1) Each individual designated as a group leader shall be 18 years
of age or older and possess either a high school diploma or equivalent
education and meet one of following qualifications:
(A) Three months' experience caring for children in a licensed day
care facility;
(B) 30 days' teaching experience in a licensed day care facility;
(C) five sessions of observation for at least 2.5 consecutive hours per
observation in a licensed day care facility and 10 clock hours of
workshops approved by the state licensing staff; or
(D) at least three semester credit hours of academic credit or
equivalent training in childhood development, early childhood education
or curriculum resources and supervised observation in high school or
college.
(2) Each individual designated as an assistant group leader shall be 16
years of age or older and complete staff orientation at the time of
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employment.
(d) (1) A unit with at least one infant shall have at least one staff
member present who is designated as a group leader.
(2) A unit where all children are at least 12 months old shall have at
least one staff member present who is designated as an assistant group
leader.
(3) A unit with at least one infant may have a staff member present
who is 16 years of age, but such staff member shall be under the direct
supervision of an individual designated as a group leader.
(4) A unit where all children are at least 12 months old may have a
staff member present who is 14 years of age, but such staff member shall
be under the direct supervision of an individual designated as a group
leader.
(5) All staff members shall be at least three years older than the oldest
child in the unit where such staff member is caring for children.
(e) For each licensure year beginning after July 1, 2023, each
program director, administrator, group leader, assistant group leader and
any other staff member who provides care to children in a child care center
shall complete professional development training in an amount determined
by the secretary not to exceed eight clock hours per licensure year.
(f) As used in this section, "secretary" means the secretary of health
and environment.
(g) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 2. (a) The maximum number of children for which a day
care home that has one provider may be licensed shall be the following:
Under 12 monthsAt least 12 monthsAt least fiveLicense capacity
of agebut under fivebut under 16
years of ageyears of age
0 8 4 12
1 5 6 12
2 4 4 10
3 3 3 9
4 2 2 8
(b) The maximum number of children for which a group day care
home may be licensed shall be the following:
(1) Maximum number of children with one provider:
Age of child enrolled License capacity
At least 2.5 years but under 16 years of age 12
At least three years but under 16 years of age 13
At least five years but under 16 years of age 15
(2) Maximum number of children with two providers:
Under 12 monthsAt least 12 monthsAt least fiveLicense capacity
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of agebut under fivebut under 16
years of ageyears of age
0 10 5 15
1 8 5 14
2 7 4 13
3 6 4 13
4 5 3 12
(3) If the number of children present exceeds the maximum number
allowed for one provider, a second provider shall be present.
(c) (1) Children five years of age and older may be substituted for
younger children in the license capacity in subsections (a) and (b).
(2) Two or fewer children who are 2.5 years of age or older and are
not counted toward the license capacity in subsections (a) and (b) may be
present on the premises between 11:00 a.m. and 1:00 p.m. for the noon
meal.
(3) Two or fewer children who are at least five years of age but under
16 years of age and are not counted toward the license capacity in
subsections (a) and (b) may be present as follows:
(A) During the academic school year before and after school, in-
service days, school holidays, scheduled or emergency closures and school
breaks not to exceed two consecutive weeks; and
(B) during the two consecutive weeks before the opening of the
academic school year in August or September and following the end of the
academic school year in May or June.
(4) Two or fewer children 16 years of age or older, unrelated to the
applicant or licensee, may be present for two hours or less a day during
child care hours if the additional children are:
(i) Not on the premises for the purpose of receiving child care in the
facility;
(ii) vising the applicant's or the licensee's own child or children; or
(iii) supervised by a provider if they have access to the children in
care.
(d) No child shall be left unsupervised.
(e) A volunteer shall be 14 years of age or older and, if working
directly with children, at least three years older than the oldest child in the
day care facility. A volunteer may be counted in the staff-to-child ratio if
such volunteer completes the education and training requirements for a
volunteer as determined by the secretary and is supervised at all times by a
staff member who is not a volunteer.
(f) No city or county shall adopt any ordinance, resolution or
regulation restricting the maximum number of children for which a day
care home or group day care home may be licensed that is more strict than
this section.
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(g) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 3. (a) The ratio of staff members to children in a day care
center shall be determined by the ages of the children and the type of care
provided.
(1) The minimum staff-to-child ratio and the maximum number of
children per unit shall be the following:
Age of children Minimum staff-to-child Maximum number
ratio of children
per unit
Infants 1 to 4 12
Infants and other 1 to 6 12
children under six (including three or (including six or
fewer infants) fewer infants)
Toddlers 1 to 7 14
Children at least two 8 16
but under three
years of age
Children at least 2.5 years 12 24
of age but under
school age
Children at least 3 years 15 30
of age but under
school age
Kindergarten enrollees 18 36
School age 20 40
(2) No child shall be left unsupervised.
(3) A volunteer shall be 14 years of age or older and, if working
directly with children, at least three years older than the oldest child in the
day care facility. A volunteer may be counted in the staff-to-child ratio if
such volunteer completes the education and training requirements for a
volunteer as determined by the secretary and is supervised at all times by a
staff member who is not a volunteer.
(c) No city or county shall adopt any ordinance, resolution or
regulation restricting the staff-to-child ratios and children per unit in a day
care facility that is more strict than this section.
(d) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 4. (a) A child care center shall meet the legal requirements
of the local jurisdiction where the child care center is located for fire
protection, water supply and sewage disposal.
(b) The designated area for children's activities shall contain a
minimum of 25 square feet of floor space per child, exclusive of kitchens,
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passageways, storage areas and bathrooms.
(c) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 5. (a) The secretary shall not require as a condition of
licensure for a day care home or group day care home that the licensee live
in the day care home or group day care home.
(b) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 6. (a) Notwithstanding the provisions of any other law to
the contrary, a person granted licensure to maintain a day care facility may
request from the secretary a waiver from the requirements of this act for a
set period of time. Waiver requests shall be made in a form and manner
approved by the secretary and shall contain the provisions of the statute
sought to be waived and the reasons therefor.
(b) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 7. (a) (1) Notwithstanding the provisions of any other law
to the contrary, the secretary may develop and operate pilot programs
designed to increase the availability or capacity of day care facilities in the
state.
(2) The secretary may grant licensure to a person to maintain a day
care facility in a pilot program under this section that waives the
requirements of this act or rules and regulations related to licensure and
operation of a day care facility, including requirements for staff at such
day care facility. A day care facility granted a license under this section
shall comply with any alternative terms, conditions and requirements of
the secretary as may be necessary to protect the health, safety and welfare
of any children that attend such day care facility.
(3) The secretary shall not grant a license under this section if the
secretary determines that a day care facility or staff of such facility would
endanger the health, safety and welfare of any child.
(b) The secretary may grant licensure to a person to maintain a day
care facility under this section for up to five licensure years, except that
the secretary may grant an additional two years of licensure to any facility
that participated in a pilot program pursuant to subsection (c) during the
adoption of such rules and regulations.
(c) If the secretary determines that a pilot program has been
successful and will increase the availability or capacity of day care
facilities in the state, the secretary shall:
(1) Make suggestions and recommendations for statutory changes
relating to day care facilities; and
(2) adopt any rules and regulations consistent with the findings from
such pilot program, including additional licensure categories and
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requirements therefor.
(d) On or before the first day of each regular session of the
legislature, the secretary shall prepare and submit a report regarding any
pilot program to the legislature. Such report shall include, but not be
limited to, the number of participating day care facilities and number of
children attending such facilities, provisions of statutes and regulations
waived by the secretary, recommendations for changes to this act and a
summary of findings from the pilot program based on available
information.
(e) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
Sec. 8. K.S.A. 2022 Supp. 48-3406 is hereby amended to read as
follows: 48-3406. (a) For the purposes of this section:
(1) "Applicant" means an individual who is a military spouse,
military servicemember or an individual who has established or intends to
establish residency in this state. "Applicant" with respect to law
enforcement certification by the Kansas commission on peace officers'
standards and training means an applicant who has met the employment
requirement pursuant to K.S.A. 74-5605(a), and amendments thereto.
(2) "Complete application" means the licensing body has received all
forms, fees, documentation, a signed affidavit stating that the application
information, including necessary prior employment history, is true and
accurate and any other information required or requested by the licensing
body for the purpose of evaluating the application, consistent with this
section and the rules and regulations adopted by the licensing body
pursuant to this section. If the licensing body has received all such forms,
fees, documentation and any other information required or requested by
the licensing body, an application shall be deemed to be a complete
application even if the licensing body has not yet received a criminal
background report from the Kansas bureau of investigation.
(3) "Licensing body" means an official, agency, board or other entity
of the state which authorizes individuals to practice a profession in this
state and issues a license, registration, certificate, permit or other
authorization to an individual so authorized.
(4) "Military servicemember" means a current member of any branch
of the United States armed services, United States military reserves or
national guard of any state or a former member with an honorable
discharge.
(5) "Military spouse" means the spouse of a military servicemember.
(6) "Private certification" means a voluntary program in which a
private organization grants nontransferable recognition to an individual
who meets personal qualifications and standards relevant to performing the
occupation as determined by the private organization.
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(7) "Scope of practice" means the procedures, actions, processes and
work that a person may perform under a government issued license,
registration or certification.
(b) Notwithstanding any other provision of law, any a licensing body
shall, upon submission of a complete application, issue a license,
registration or certification to an applicant as provided by this section, so
that the applicant may lawfully practice the person's occupation.
(c) An applicant who holds a valid current license, registration or
certification in another state, district or territory of the United States shall
receive a license, registration or certification:
(1) If the applicant qualifies under the applicable Kansas licensure,
registration or certification by endorsement, reinstatement or reciprocity
statutes, then pursuant to applicable licensure, registration or certification
by endorsement, reinstatement or reciprocity statutes of the licensing body
of this state for the license, registration or certification within 15 days from
the date a complete application was submitted if the applicant is a military
servicemember or military spouse or within 45 days from the date a
complete application was submitted for all other applicants; or
(2) if the applicant does not qualify under the applicable licensure,
registration or certification by endorsement, reinstatement or reciprocity
statutes of the licensing body of this state, or if the Kansas professional
practice act does not have licensure, registration or certification by
endorsement, reinstatement or reciprocity statutes, then the applicant shall
receive a license, registration or certification as provided herein if, at the
time of application, the applicant:
(A) Holds a valid current license, registration or certification in
another state, district or territory of the United States with licensure,
registration or certification requirements that the licensing body
determines authorize a similar scope of practice as those established by the
licensing body of this state, or holds a certification issued by another state
for practicing the occupation but this state requires an occupational
license, and the licensing body of this state determines that the
certification requirements certify a similar scope of practice as the
licensing requirements established by the licensing body of this state;
(B) has worked for at least one year in the occupation for which the
license, certification or registration is sought;
(C) has not committed an act in any jurisdiction that would have
constituted grounds for the limitation, suspension or revocation of the
license, certificate or registration, or that the applicant has never been
censured or had other disciplinary action taken or had an application for
licensure, registration or certification denied or refused to practice an
occupation for which the applicant seeks licensure, registration or
certification;
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(D) has not been disciplined by a licensing, registering, certifying or
other credentialing entity in another jurisdiction and is not the subject of
an unresolved complaint, review procedure or disciplinary proceeding
conducted by a licensing, registering, certifying or other credentialing
entity in another jurisdiction nor has surrendered their membership on any
professional staff in any professional association or society or faculty for
another state or jurisdiction while under investigation or to avoid adverse
action for acts or conduct similar to acts or conduct that would constitute
grounds for disciplinary action in a Kansas practice act;
(E) does not have a disqualifying criminal record as determined by
the licensing body of this state under Kansas law;
(F) provides proof of solvency, financial standing, bonding or
insurance if required by the licensing body of this state, but only to the
same extent as required of any applicant with similar credentials or
experience;
(G) pays any fees required by the licensing body of this state; and
(H) submits with the application a signed affidavit stating that the
application information, including necessary prior employment history, is
true and accurate.
Upon receiving a complete application and the provisions of subsection
(c)(2) apply and have been met by the applicant, the licensing body shall
issue the license, registration or certification within 15 days from the date
a complete application was submitted by a military servicemember or
military spouse, or within 45 days from the date a complete application
was submitted by an applicant who is not a military servicemember or
military spouse, to the applicant on a probationary basis, but may revoke
the license, registration or certification at any time if the information
provided in the application is found to be false. The probationary period
shall not exceed six months. Upon completion of the probationary period,
the license, certification or registration shall become a non-probationary
license, certification or registration.
(d) Any applicant who has not been in the active practice of the
occupation during the two years preceding the application for which the
applicant seeks a license, registration or certification under subsection (c)
(2) may be required to complete such additional testing, training,
monitoring or continuing education as the Kansas licensing body may
deem necessary to establish the applicant's present ability to practice in a
manner that protects the health and safety of the public, as provided by
subsection (j).
(e) Upon submission of a complete application, an applicant may
receive an occupational license, registration or certification based on the
applicant's work experience in another state, if the applicant:
(1) Worked in a state that does not use an occupational license,
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registration, certification or private certification to regulate an occupation,
but this state uses an occupational license, registration or certification to
regulate the occupation;
(2) worked for at least three years in the occupation during the four
years immediately preceding the application; and
(3) satisfies the requirements of subsection (c)(2)(C) through (H).
(f) Upon submission of a complete application, an applicant may
receive an occupational license, registration or certification under
subsection (b) based on the applicant's holding of a private certification
and work experience in another state, if the applicant:
(1) Holds a private certification and worked in a state that does not
use an occupational license or government certification to regulate an
occupation, but this state uses an occupational license or government
certification to regulate the occupation;
(2) worked for at least two years in the occupation;
(3) holds a current and valid private certification in the occupation;
(4) is held in good standing by the organization that issued the private
certification; and
(5) satisfies the requirements of subsection (c)(2)(C) through (H).
(g) An applicant licensed, registered or certified under this section
shall be entitled to the same rights and subject to the same obligations as
are provided by the licensing body for Kansas residents, except that
revocation or suspension of an applicant's license, registration or
certificate in the applicant's state of residence or any jurisdiction in which
the applicant held a license, registration or certificate shall automatically
cause the same revocation or suspension of such applicant's license,
registration or certificate in Kansas. No hearing shall be granted to an
applicant where such applicant's license, registration or certificate is
subject to such automatic revocation or suspension, except for the purpose
of establishing the fact of revocation or suspension of the applicant's
license, registration or certificate by the applicant's state of residence or
jurisdiction in which the applicant held a license, registration or certificate.
(h) In the event the licensing body determines that the license,
registration or certificate currently held by an applicant under subsection
(c)(2) or the work experience or private credential held by an applicant
under subsections (e) or (f), who is a military spouse or military
servicemember does not authorize a similar scope of practice as the
license, registration or certification issued by the licensing body of this
state, the licensing body shall issue a temporary permit for a limited period
of time to allow the applicant to lawfully practice the applicant's
occupation while completing any specific requirements that are required in
this state for licensure, registration or certification that were not required
in the state, district or territory of the United States in which the applicant
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was licensed, registered, certified or otherwise credentialed, unless the
licensing body finds, based on specific grounds, that issuing a temporary
permit would jeopardize the health and safety of the public.
(i) In the event the licensing body determines that the license,
registration or certification currently held by an applicant under subsection
(c)(2) or the work experience or private credential held by an applicant
under subsections (e) or (f), who is not a military spouse or military
servicemember, does not authorize a similar scope of practice as the
license, registration or certification issued by the licensing body of this
state, the licensing body may issue a temporary permit for a limited period
of time to allow the applicant to lawfully practice the applicant's
occupation while completing any specific requirements that are required in
this state for licensure, registration or certification that was not required in
the state, district or territory of the United States in which the applicant
was licensed, registered, certified or otherwise credentialed, unless the
licensing body finds, based on specific grounds, that issuing a temporary
permit would jeopardize the health and safety of the public.
(j) Any testing, continuing education or training requirements
administered under subsection (d), (h) or (i) shall be limited to Kansas law
that regulates the occupation and that are materially different from or
additional to the law of another state, or shall be limited to any materially
different or additional body of knowledge or skill required for the
occupational license, registration or certification in Kansas.
(k) A licensing body may grant licensure, registration, certification or
a temporary permit to any person who meets the requirements under this
section but was separated from such military service under less than
honorable conditions or with a general discharge under honorable
conditions.
(l) Nothing in this section shall be construed to apply in conflict with
or in a manner inconsistent with federal law or a multistate compact, or a
rule or regulation or a reciprocal or other applicable statutory provision
that would allow an applicant to receive a license. Nothing in this section
shall be construed as prohibiting a licensing body from denying any
application for licensure, registration or certification, or declining to grant
a temporary or probationary license, if the licensing body determines that
granting the application may jeopardize the health and safety of the public.
(m) Nothing in this section shall be construed to be in conflict with
any applicable Kansas statute defining the scope of practice of an
occupation. The scope of practice as provided by Kansas law shall apply to
applicants under this section.
(n) Notwithstanding any other provision of law, during a state of
emergency declared by the legislature, a licensing body may grant a
temporary emergency license to practice any profession licensed, certified,
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registered or regulated by the licensing body to an applicant whose
qualifications the licensing body determines to be sufficient to protect
health and safety of the public and may prohibit any unlicensed person
from practicing any profession licensed, certified, registered or regulated
by the licensing body.
(o) Licensing bodies may provide electronic credentials to persons
regulated by the licensing body. For purposes of this subsection,
"electronic credential" means an electronic method by which a person may
display or transmit to another person information that verifies a person's
certification, licensure, registration or permit. A licensing body may
prescribe the format or requirements of the electronic credential to be used
by the licensing body. Any statutory or regulatory requirement to display,
post or produce a credential issued by a licensing body may be satisfied by
the proffer of an electronic credential authorized by the licensing body. A
licensing body may use a third-party electronic credential system that is
not maintained by the licensing body. Such electronic credential system
shall include a verification system that is operated by the licensing body or
its agent on behalf of the licensing body for the purpose of verifying the
authenticity and validity of electronic credentials issued by the licensing
body.
(p) Each licensing body shall adopt rules and regulations necessary to
implement and carry out the provisions of this section.
(q) This section shall not apply to the practice of law or the regulation
of attorneys pursuant to K.S.A. 7-103, and amendments thereto.
(r) The state board of healing arts and the state board of technical
professions, with respect to an applicant who is seeking a license to
practice professional engineering or engage in the practice of engineering,
as defined in K.S.A. 74-7003, and amendments thereto, may deny an
application for licensure, registration or certification, or decline to grant a
temporary or probationary license, if the board determines the applicant's
qualifications are not substantially equivalent to those established by the
board. Such boards shall not otherwise be exempt from the provisions of
this act.
(s) This section shall apply to all licensing bodies not excluded under
subsection (q), including, but not limited to:
(1) The abstracters' board of examiners;
(2) the board of accountancy;
(3) the board of adult care home administrators;
(4) the secretary for aging and disability services, with respect to
K.S.A. 65-5901 et seq. and K.S.A. 65-6503 et seq., and amendments
thereto;
(5) the Kansas board of barbering;
(6) the behavioral sciences regulatory board;
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(7) the Kansas state board of cosmetology;
(8) the Kansas dental board;
(9) the state board of education;
(10) the Kansas board of examiners in fitting and dispensing of
hearing instruments;
(11) the board of examiners in optometry;
(12) the state board of healing arts, as provided by subsection (r);
(13) the secretary of health and environment, including with respect
to K.S.A. 82a-1201 et seq., and amendments thereto;
(14) the commissioner of insurance, with respect to K.S.A. 40-241
and 40-4901 et seq., and amendments thereto;
(15) the state board of mortuary arts;
(16) the board of nursing;
(17) the state board of pharmacy;
(18) the Kansas real estate commission;
(19) the real estate appraisal board;
(20) the state board of technical professions, as provided by
subsection (r); and
(21) the state board of veterinary examiners.
(t) All proceedings pursuant to this section shall be conducted in
accordance with the provisions of the Kansas administrative procedure act
and shall be reviewable in accordance with the Kansas judicial review act.
(u) (1) Commencing on July 1, 2021, and each year thereafter, Each
licensing body listed in subsection (s)(1) through (21) shall provide a
report for the period of July 1 through June 30 to the director of legislative
research by August 31 of each year, providing information requested by
the director of legislative research to fulfill the requirements of this
subsection. The director of legislative research shall develop the report
format, prepare an analysis of the reports and submit and present the
analysis to the office of the governor, the house of representatives standing
committee on commerce, labor and economic development of the house of
representatives or any successor committee thereof, the senate standing
committee on commerce of the senate or any successor committee thereof,
the house of representatives standing committee on appropriations of the
house of representatives and the or any successor committee thereof on
and the senate standing committee on ways and means of the senate or
any successor committee thereof, by January 15 of the succeeding year.
The director's report may provide any analysis the director deems useful
and shall provide the following items, detailed by applicant type, including
military servicemember, military spouse and non-military individual:
(1)(A) The number of applications received under the provisions of
this section;
(2)(B) the number of applications granted under this section;
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(3)(C) the number of applications denied under this section;
(4)(D) the average time between receipt of the application and
completion of the application;
(5)(E) the average time between receipt of a complete application and
issuance of a license, certification or registration; and
(6)(F) identification of applications submitted under this section
where the issuance of credentials or another determination by the licensing
body was not made within the time limitations pursuant to this section and
the reasons for the failure to meet such time limitations.
(2) All information shall be provided by the licensing body to the
director of legislative research in a manner that maintains the
confidentiality of all applicants and in aggregate form that does not permit
identification of individual applicants.
Sec. 9. K.S.A. 65-503 is hereby amended to read as follows: 65-503.
As used in this act:
(a) "Child placement agency" means a business or service conducted,
maintained or operated by a person engaged in finding homes for children
by placing or arranging for the placement of such children for adoption or
foster care "Assistant group leader" means an individual who meets the
requirements of section 1(c), and amendments thereto, and can
independently staff a unit in a child care center where all children are at
least 12 months old.
(b) "Child care resource and referral agency" means a business or
service conducted, maintained or operated by a person engaged in
providing resource and referral services, including information of specific
services provided by child care facilities, to assist parents to find child
care "Boarding school" means a facility that provides 24-hour care to
school-age children, provides education as its primary function and is
accredited by an accrediting agency acceptable to the secretary of health
and environment.
(c) "Child care center" means a facility that meets child care center
regulations and provides care and educational activities for children who
are two weeks to 16 years of age for at least three hours but less than 24
hours per day or care before and after school for school-age children.
(d) "Child care facility" means:
(1) A facility maintained by a person who has control or custody of
one or more children under 16 years of age, unattended by parent or
guardian, for the purpose of providing the children with food or lodging,
or both, except but does not include children in the custody of the
secretary for children and families who are placed with a prospective
adoptive family pursuant to the provisions of an adoptive placement
agreement or who are related to the person by blood, marriage or legal
adoption;
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(2) a children's home, orphanage, maternity home, day care facility or
other facility of a type determined by that the secretary to require
determines to be requiring regulation under the provisions of this act;
(3) a child placement agency or child care resource and referral
agency, or a facility maintained by such an agency for the purpose of
caring for children under 16 years of age; or
(4) any receiving or detention home for children under 16 years of
age provided or maintained by, or receiving aid from, any city or county or
the state.
(d)(e) "Child care resource and referral agency" means a business or
service conducted, maintained or operated by a person engaged in
providing resource and referral services, including information of specific
services provided by child care facilities, to assist parents to find child
care.
(f) "Child placement agency" means a business or service conducted,
maintained or operated by a person engaged in finding homes for children
by placing or arranging for the placement of such children for adoption or
foster care.
(g) "Day care home" means the premises where care is provided for a
maximum of 12 children under 16 years of age, with a limited number of
children under five years of age in accordance with section 2, and
amendments thereto.
(h) "Day care facility" means a child care facility that includes a day
care home, preschool, child care center, school-age program or other
facility of a type determined by the secretary to require regulation under
the provisions of K.S.A. 65-501 et seq., and amendments thereto.
(e)(i) "Group day care home" means a premises where care is
provided for a maximum of 15 children under 16 years of age, including a
limited number of children under five years of age, in accordance with
section 2, and amendments thereto.
(j) "Group leader" means an individual who meets the requirements
of section 1(c), and amendments thereto, and can independently staff any
unit in a child care center.
(k) "Infant" means a child who is between two weeks and 12 months
of age or a child older than 12 months of age who has not learned to walk.
"Infant" does not include a toddler.
(l) "Licensure year" means the period of time beginning on the
effective date and ending on the expiration date of a license.
(m) "Maternity center" means a facility that provides delivery
services for normal, uncomplicated pregnancies. "Maternity center" does
not include a medical care facility as defined in K.S.A. 65-425, and
amendments thereto.
(n) "Person" means any individual, association, partnership,
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corporation, government, governmental subdivision or other entity.
(f) "Boarding school" means a facility which provides 24-hour care to
school age children, provides education as its primary function, and is
accredited by an accrediting agency acceptable to the secretary of health
and environment.
(g) "Maternity center" means a facility which provides delivery
services for normal, uncomplicated pregnancies but does not include a
medical care facility as defined by K.S.A. 65-425, and amendments
thereto.
(o) "Program director" means the staff member of a child care center
who meets the requirements of section 1(b), and amendments thereto, and
who is responsible for implementing and supervising the comprehensive
and coordinated plan of activities that provide for the education, care,
protection and development of children who attend a child care center.
(p) "School-age" means a child who will be at least six years of age
on or before the first day of September of any school year but is under 16
years of age.
(q) "This act" means article 5 of chapter 65 of the Kansas Statutes
Annotated, and amendments thereto.
(r) "Toddler" means a child who has learned to walk and is at least
12 but less than 30 months of age or a child who has learned to walk and
is at least nine months of age if such child's parent or guardian consents to
such child being considered a toddler for purposes of license capacity and
staff-to-child ratios.
(s) "Unit" means the number of children that may be present in one
group in a child care center, as specified in sections 2 and 3, and
amendments thereto.
Sec. 10. K.S.A. 65-505 is hereby amended to read as follows: 65-505.
(a) (1) The annual fee for a license to conduct a maternity center or child
care facility shall be fixed by the secretary of health and environment by
rules and regulations in an amount not exceeding the following:
(1)(A) For a maternity center, $150;
(2)(B) for a child placement agency, $150; and
(3)(C) for a child care resource and referral agency, $150; and.
(4)(2) for any otherExcept for the child care facilities listed in
paragraph (1), there shall be no annual fee for a license to conduct a child
care facility, $75 plus $1 times the maximum number of children
authorized under the license to be on the premises at any one time.
(3) The license fee shall be paid to the secretary of health and
environment when the license is applied for and annually thereafter. The
fee shall not be refundable. No fee shall be charged for a license to
conduct a home for children which that is a family foster home as defined
in K.A.R. 28-4-311, and amendments thereto. Fees in effect under this
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subsection (a) immediately prior to the effective date of this act shall
continue in effect on and after the effective date of this act until a different
fee is established by the secretary of health and environment by rules and
regulations under this subsection.
(b) Any licensee who fails to renew such license within 30 days after
the expiration of the license shall pay to the secretary the renewal fee plus
a late fee in an amount of $75 or equal to the fee for the renewal of a
license, whichever is greater.
(c) Any licensee applying for an amended license shall pay to the
secretary of health and environment a fee established by rules and
regulations of the secretary in an amount not exceeding $35.
(d) The secretary of health and environment shall remit all moneys
received by the secretary from fees under the provisions of this section to
the state treasurer in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto. Upon receipt of each such remittance, the state
treasurer, notwithstanding any other law to the contrary, shall deposit the
entire amount in the state treasury to the credit of the maternity centers and
child care licensing fee fund. All expenditures from the maternity centers
and child care licensing fee fund shall be made only for the purposes of
article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments
thereto, in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved by
the secretary of health and environment or by a person or persons
designated by the secretary. Notwithstanding any other law to the contrary,
no moneys shall be transferred or otherwise revert from this fund to the
state general fund by appropriation act or other act of the legislature.
Moneys available under this section by the creation of the maternity
centers and child care licensing fee fund shall not be substituted for or
used to reduce or eliminate moneys available to the department of health
and environment to administer the provisions of article 5 of chapter 65 of
the Kansas Statutes Annotated, and amendments thereto. Nothing in this
act shall be construed to authorize a reduction or elimination of moneys
made available by the state to local units of government for the purposes
of article 5 of chapter 65 of the Kansas Statutes Annotated, and
amendments thereto.
Sec. 11. K.S.A. 65-508 is hereby amended to read as follows: 65-508.
(a) Any maternity center or child care facility subject to the provisions of
this act shall: (1) Be properly heated, plumbed, lighted and ventilated; (2)
have plumbing, water and sewerage systems which that conform to all
applicable state and local laws; and (3) be operated with strict regard to the
health, safety and welfare of any woman or child.
(b) (1) Every maternity center or child care facility shall furnish or
cause to be furnished for the use of each resident and employee an
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individual towel, wash cloth washcloth or disposable products, comb and
individual drinking cup or sanitary bubbling fountain, and toothbrushes for
all other than infants, and shall keep or require such articles to be kept at
all times in a clean and sanitary condition.
(2) Toothbrushes in a day care facility may be used after meals or as
appropriate.
(3) Every maternity center or child care facility shall comply with all
applicable fire codes and rules and regulations of the state fire marshal.
(c) (1) The secretary of health and environment with the cooperation
of the secretary for children and families shall develop and adopt rules and
regulations for the operation and maintenance of maternity centers and
child care facilities. The rules and regulations for operating and
maintaining maternity centers and child care facilities shall be designed to
promote the health, safety and welfare of any woman or child served in
such facilities by ensuring safe and adequate physical surroundings,
healthful food, adequate handwashing, safe storage of toxic substances and
hazardous chemicals, sanitary diapering and toileting, home sanitation,
supervision and care of the residents by capable, qualified persons of
sufficient number, after-hour care, an adequate program of activities and
services, sudden infant death syndrome and safe sleep practices training,
prohibition on corporal punishment, crib safety, protection from electrical
hazards, protection from swimming pools and other water sources, fire
drills, emergency plans, safety of outdoor playground surfaces, door locks,
safety gates and transportation and such appropriate parental participation
as may be feasible under the circumstances. Boarding schools are excluded
from requirements regarding the number of qualified persons who must
supervise and provide care to residents.
(2) Rules and regulations developed under this subsection shall
include provisions for the competent supervision and care of children in
day care facilities. For purposes of such rules and regulations, competent
supervision as this term relates to children less than five years of age
includes, but is not limited to, direction of activities, adequate oversight
including sight or sound monitoring, or both, physical proximity to
children, diapering and toileting practices; and for all children, competent
supervision includes, but is not limited to, planning and supervision of
daily activities, safe sleep practices, including, but not limited to, visual or
sound monitoring, periodic checking, emergency response procedures and
drills, illness and injury response procedures, food service preparation and
sanitation, playground supervision, pool and water safety practices.
(d) In addition to any rules and regulations adopted under this section
for safe sleep practices, child care facilities shall ensure that all of the
following requirements are met for children under 12 months of age:
(1) A child shall only be placed to sleep on a surface and in an area
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that has been approved for use as such by the secretary of health and
environment;
(2) the sleep surface shall be free from soft or loose bedding,
including, but not limited to, blankets, bumpers and pillows; and
(3) the sleep surface shall be free from toys, including mobiles and
other types of play equipment or devices.
(e) Child care facilities shall ensure that children over 12 months of
age only be placed to sleep on a surface and in an area that has been
approved for use as such by the secretary of health and environment.
(f) The secretary of health and environment may exercise discretion
to make exceptions to requirements in subsections (d) and (e) where
special health needs exist.
(g) Each child cared for in a child care facility, including children of
the person maintaining the facility, shall be required to have current such
immunizations as the secretary of health and environment considers
necessary. The person maintaining a child care facility shall maintain a
record of each child's immunizations and shall provide to the secretary of
health and environment such information relating thereto, in accordance
with rules and regulations of the secretary, but the person maintaining a
child care facility shall not have such person's license revoked solely for
the failure to have or to maintain the immunization records required by
this subsection.
(h) The immunization requirement of subsection (g) shall not apply if
one of the following is obtained:
(1) Certification from a licensed physician stating that the physical
condition of the child is such that immunization would endanger the child's
life or health; or
(2) a written statement signed by a parent or guardian that the parent
or guardian is an adherent of a religious denomination whose teachings are
opposed to immunizations.
Sec. 12. K.S.A. 65-512 is hereby amended to read as follows: 65-512.
(a) It is hereby made the duty of The secretary of health and environment
to shall inspect or cause to be inspected at least once every 15 months
prior to July 1, 2012, and once every 12 months thereafter, every maternity
center or child care facility, unless otherwise once every 12 months, except
as provided in subsections subsection (b) and (c). For the purpose of
inspection, the secretary or the secretary's authorized agent shall have the
right of entry and access thereto in every department and to every place in
the premises, shall call for and examine the records which that are required
to be kept by the provisions of this act and shall make and preserve a
record of every inspection. The licensee shall give all reasonable
information to the authorized agent of the secretary of health and
environment and shall afford make available every reasonable facility for
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viewing of the premises and seeing the patients or children therein. No
such patient or child without the consent of the patient or child shall be
required to be interviewed by any agent unless the agent is an authorized
person or a licensed physician.
(b) (1) On or after the effective date of this act, The secretary of
health and environment shall commence the inspection of inspect
registered family day care homes pursuant to K.S.A. 65-533, and
amendments thereto.
(2) The secretary of health and environment shall conduct an
inspection of any child care facility upon receiving a complaint. Any new
child care facility shall be inspected prior to issuance of a license. The
secretary may conduct an inspection of any child care facility that has a
record of repeated complaints or serious violations at any time. The
secretary shall inspect any child care facility that provides services to
military families receiving military assistance for child care every 12
months.
(c) (1) Except as provided in subsection (b)(2), the following
categories of child care facilities which were in compliance on the
effective date of this act are not required to be inspected until July 1, 2011:
Day care homes, as defined in K.A.R. 28-4-113; group day care homes, as
defined in K.A.R. 28-4-113; child care centers, as defined in K.A.R. 28-4-
420; preschools, as defined in K.A.R. 28-4-420; school-age programs, as
defined in K.A.R. 28-4-576; and drop-in programs, as defined in K.A.R.
28-4-700On and after July 1, 2026, all inspections of facilities licensed
under this act shall be conducted by employees of the department of
health.
(2) The provisions of this subsection shall expire on July 1, 2011The
secretary may hire, replace or transition all surveyors or similar
employees working for a municipality who conduct inspections of facilities
licensed under this act into the unclassified service.
Sec. 13. K.S.A. 65-503, 65-505, 65-508 and 65-512 and K.S.A. 2022
Supp. 48-3406 are hereby repealed.
Sec. 14. This act shall take effect and be in force from and after its
publication in the statute book.
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